Stop Making Me Defend Justice Alito!

Ugh. The old “public officials are responsible for keeping their wives in line” canard, which for some reason is only applied to conservatives by the mainstream news media. Or we could file this under “Hail Mary attempts to get the Supreme Court’s conservative Justices to recuse themselves so SCOTUS won’t strike down the totalitarian Left’s conspiracy to “get” Donald Trump by any means necessary, and law, ethics and democracy be damned.”

A New York Times headline yesterday shouted, “At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.” Wow, what symbol was that? It was an upside-down American flag, seen flying over (much reviled, almost as much as Clarence Thomas) Supreme Court Justice Samuel Alito’s house for a few days in January 2021. Because the flag was up in the period between the January 6 riot at the Capitol Joe Biden’s inauguration, the Times infers that the flag meant that Alito thinks the 2020 election was stolen from former President Trump.

Of course the Times dredged up some unethical ethics experts to deceive their readers about the seriousness of this. “Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Justice Alito’s impartiality in cases related to the election and the Capitol riot,” writes the Times, ostentatiously avoiding mentioning the names of the experts who said, as I would have, “What? This is nothing!”

“It might be his spouse or someone else living in his home, but he shouldn’t have it in his yard as his message to the world,” said Professor Amanda Frost at the University of Virginia law school. This is “the equivalent of putting a ‘Stop the Steal’ sign in your yard, which is a problem if you’re deciding election-related cases,” she said.

Uh, no it’s not, but that analysis is the equivalent of the professor wearing an “I am a partisan hack!” sign on her forehead.

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So It’s Come To This, Has It? “Media Watchdogs” Now Watch Out For Political Correctness Non-Conformity…

Can you spot what’s troubling, alarming, ominous, about the photo above?

Feathers!

That’s Washington Commanders (Shhhhh: they used to be called “the Redskins”) coach Dan Quinn above wearing a T-shirt depicting two feathers hanging off the Commanders’ “W” logo. The New York Times instantly did its best Donald Sutherland (in the “Invasion of the Body Snatchers” finale, when the protagonist of the movie has been revealed as completely pod-ified) imitation….

…with a story headlined, “Dan Quinn dons unsanctioned Commanders shirt as future of team’s stadium discussed on Capitol Hill.” Playing the part of co-opted Donald was Times sportswriter Ben Standig, who blew the metaphorical whistle on Twtter/”X” writing, “So, the shirt. This is not a team-sanctioned item. Not sure if Quinn got this at an Etsy shop or elsewhere. Do your thing, Twitter.”

You know: cancel him, shun him, brand him a racist, get him fired.

Oooh, “unsanctioned”! How long before all of us will need permission from our enlightened, woke and empowered censors before our shirts can be safely purchased and worn without dire social consequences?

Standig got right on the scandal of the Commanders’s coach daring to wear a shirt that evoked his team’s previous nickname, which was finally changed when—you should be able to recite this by now—-“a lifetime black petty criminal overdosing on fentanyl and resisting a lawful arrest died under the knee of a bad white cop in Minnesota.” This incident obviously mandated that an NFL team in Washington D.C. capitulate to long-standing contrived protests over a team name (that was never intended as a slur nor taken as one by the vast majority of Native Americans) and a now-banned team logo designed by a prominent leader of Montana’s Blackfeet tribe.

I live in the Washington, D.C. area. Literally nobody likes the politically correct, “inoffensive” name “Commanders” except the non-football fan activists who demonstrated their power by forcing the team to change it. It’s like a scalp hanging from their belts.

In related news, Rhode Island has announced that it will join 11 other states and require all lawyers must submit to DEI indoctrination—sorry, training—in order to maintain their law licenses.

Resistance is futile.

And, may I note with pride, where else on the World Wide Web will an NFL coach’s choice of attire evoke pop culture references to “Apocalypse Now,” “Invasion of the Body Snatchers,” and “Star Trek: The Next Generation”?

The Nathan Wade Interview: Apparently Fulton County Lawyers Don’t Get That “Legal Ethics” Thingy…or Ethics Generally

I find the transcript of the interview of deposed Fani Willis prosecutor and loverboy Nathan Wade many things: damning, outrageous, disgusting, shocking. Mostly I find it to be more evidence that I have wasted the last 25 years trying to make the legal profession more ethical. This guy, a “prominent and respected Atlanta lawyer,” not only doesn’t know what ethics is, he’s infuriatingly smug about his ignorance.

These are the people Democrats have placed in charge of “saving democracy” by using the criminal laws to keep Donald Trump from delivering condign justice to the Biden presidency, as in crushing, unequivocal defeat.

On Sunday’s “World News Tonight” and Monday’s “Good Morning America” ABC revealed two segments (here and here) from an “exclusive” interview with former Fulton County, Georgia special prosecutor Nathan Wade. He was, you’ll recall, forced to withdraw from the lucrative gig gifted to him by his girlfriend Fani Willis by the judge in the case, Willis’s prosecution of Donald Trump for “election interference.”

If there are more segments, I think I’ll pass: cleaning up the serial head explosions caused by what I’ve seen already is more than enough for me. Nothing in them could change my mind about Wade (or Willis) at this point. He’s not just an unethical lawyer.He’s a fick. And an asshole.

I’ll just repeat some of the more glaring statements so you get the idea:

  • Asked how he could endanger a high profile prosecution by letting an illicit romance pollute the prosecution: “You don’t plan to develop feelings. You don’t plan to fall in love. You don’t plan to  have some relationship in the workplace that we  you don’t set out to do that and those things develop organically. They develop over  over time. And the  the minute we had that sobering moment, we discontinued it.”

I see: he’s 13 years old, then….just so darned romantic or horny that he couldn’t help himself, even though this was exactly the opposite of professional behavior. Continue reading

Unethical Quote of the Week: The Columbia Law Review

I gave a legal ethics seminar 90 minutes after finding my wife dead, and these infants are too traumatized to take their exams because of a “horrific time on campus” and their “level of distress”:

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Ethics Observations on Harvey Weinstein’s Reprieve….

The New York Court of Appeals overturned the felony sex crimes conviction of Hollywood producer Harvey Weinstein yesterday. The 4-to-3 decision held that the trial judge deprived him of his right to a fair trial in 2020 when he allowed prosecutors to call witnesses who said Weinstein had sexually assaulted them despite the assaults having never been charged as crimes or proven to have occurred. Using allegations of past bad acts to prove guilt in a criminal trial is generally forbidden in New York and other U.S. jurisdictions with limited exceptions. Since Harvey is already serving a prison sentence for another set of crimes that will keep him locked away until he is almost 90, the decision is more symbolic than useful to Weinstein. But it still needed to be made.

Observations:

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Remove This Judge!

The Dexter Taylor case raises interesting Second Amendment issues to be sure.

A New York jury found Taylor guilty of second-degree criminal possession of a loaded weapon, four counts of third-degree criminal possession of a weapon, five counts of criminal possession of a firearm, second-degree criminal possession of five or more firearms, unlawful possession of pistol ammunition, violation of certificate of registration, prohibition on unfinished frames or receivers. Now Taylor, a 52-year-old African-American software engineer, is on Rikers Island waiting to be sentenced. He became interested in gunsmithing as a hobby years ago, but a joint ATF/NYPD task force discovered he was legally buying gun parts from various companies and began investigating him, leading to a SWAT raid and his arrest. His legal team explains his side of the case here.

That’s not the focus of this post, however. This is: during his trial, Judge Abena Darkeh allegedly said at one point, “Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.” Darkeh was appointed by New York City’s crypto-communist Mayor Bill de Blasio in 2015.

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Curmie’s Conjectures: Why There’s a Teacher Shortage, Exhibit A

by Curmie

I’ve promised two essays that are indeed partially written; I could finish one of them in 20 minutes or so if I could just concentrate, but something else always seems to come up.  So let me try yet a different topic.

One of my friends and former students (we’ll call him L for the purposes of this post) teaches theatre in a public school.  He recently posted on Facebook about a confrontation he’d had with the father of one of his students.  The boy had failed to do three significant assignments, and, curiously enough, his grade reflected that fact.

Ah, but you see, the lad is an athlete, and a failing grade made him academically ineligible.  So Dad screams for “about 15 minutes.”  My friend responded like this: “I want him to be able to play […], too. I understand how important it is for him to have that outlet. But if I want lights on in my house, I gotta pay bills. If I wanna drive a car, I gotta pay to put gas in the car. So, if _______ wants to play […] then he’s gonna need to stop being lazy and do what is required in this class. Not to mention the other three classes he is failing.” 

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So It Looks Like Harvard Students Aren’t Learning Logic, Ethics or History, But Damn If Those Kids Don’t Know How to Play the Race Card!

Harvard student pundit Maya Bodnick authored an indignant column in the Harvard Crimson arguing that “A Witch Hunt Is Targeting Black Harvard Faculty.” Bodnick, the niece of high-powered tech exec Sheryl Sandberg (not to suggest that her connection to a wealthy former CEO of Meta had any bearing on her admission, mind you), gives us this argument: because conservatives (like Christopher Rufo) have uncovered genuine plagiarism on the part of prominent black members of Harvard’s administration and faculty, including deposed Harvard president Claudine Gay, it is clear that the objective is to target black academics and scholars, and thus is racist.

To begin with, it would be nice if someone being educated at Harvard understood what “witch hunt” means. After all, it’s a historical reference, in fact, it’s a historical reference to an infamous event that occurred not all that far from Harvard. You see, there were never any witches, because they don’t exist. Various members of the Salem community in colonial days exploited the fear of witches to get innocent people tried, ruined, and executed. “Witch hunt” means a contrived and organized effort to falsely accuse and harm an innocent person for other, sinister motives. However, plagiarism, unlike witchcraft, is real, and the Harvard plagiarists the investigations have uncovered deserved the consequences of their dishonest scholarship. This last part is apparently beyond the ability of Bodnick to comprehend.

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This Lawyer’s Incredible Ignorance Prompts Me to Propose a New Standard For Disbarment

That’s the outspoken, racist, Dunning-Kruger suffering lawyer on “The View,” Sunny Hostin, saying out loud and on national TV that climate change causes eclipses (yes, also earthquakes, but we’ve already heard public figures make fools of themselves on that topic, like here and here…). This was so bad that even Whoopie felt compelled to correct her: Whoopie’s problem is that she’s uneducated, but she’s still easily the smartest lady on “The View,” which admittedly is faint praise.

We could have an entertaining debate over whose statement is more idiotic, Rep. Jackson Lee’s claim that the moon is “mostly gas,” of this head-exploder from Hostin. But that’s not the point of this post.

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Comment of the Day: “Jimmy Kimmel Provides a Vivid Case Study in Trump Derangement”

As I noted in an earlier post today, extreme Trump Derangement rants are less tolerable from genuine professionals of whom the public reasonably expects better than from the Robert De Niro, Bette Midler, Jimmy Kimmel, Rob Reiner, and “The View”-type celebrity pundits who are loud of mouth, large of ego and megaphone, and short of wisdom. Thus the letter Steve-O-in NJ reveals and critiques in his Comment of the Day is particularly disturbing. As you will see, it is sloppy, miserably researched, steeped in emotion and bias, and, frankly, I’m embarrassed for my profession after reading it. That the writer, as he informs us by way of appealing to his own authority, was on short lists for a cabinet position either speaks to the incestuous nature of our political elite, or the frequency of age-triggered cognitive decline. And he wants this self-indicting swill widely circulated! The lack of self-awareness among the Trump Deranged is a source of wonder.

I also need to say that I have not recognized Steve’s often detailed, erudite and perceptive comments frequently enough. I attribute this to taking blessings for granted (one of my myriad flaws): so many of his posts are outstanding that I’m not sufficiently impressed by them any more. My fault, and my apologies to Steve.

Here is his Comment of the Day on the post, “Jimmy Kimmel Provides a Vivid Case Study in Trump Derangement.”

***

Paul Grossman, supposedly a conservative, wrote the following, which should tell you all you need to know about Trump Derangement. He’s is a nationally known employment defense lawyer at Paul Hastings and a Republican. He has encouraged that it be shared.

“April 5, 2024TO:

My Friends and Acquaintances

FROM: Paul Grossman

SUBJECT: The Upcoming Presidential Election

In most elections, candidates differ in philosophical approach regarding how best to solve commonly appreciated issues and shared challenges such as the large federal deficit.In 2024, we are faced with a departure from this normal paradigm in which we can presuppose the integrity of the candidates and their desire for a better United States now and in the future.

For the first time in my lifetime, one of the two major candidates for President of the United States has proven himself to be not just unfit for office but affirmatively evil. I am a Republican. Until our former President came along, based on the issues, I voted for The Republican candidate for President. Ronald Reagan wanted me to run the Department of Labor for him. I had serious hopes of being Mitt Romney’s Secretary of Labor. I would have happily voted for Nikki Haley over Biden, with whom I differ on numerous policy issues. But for the reasons set forth below, in this election differences in character are more important than the underlying policy issues.

Please vote. Sitting out this election is not a reasonable choice.Is the former President evil? Yes. There can be no doubt. Consider the following: He incited the January 6th riots. He refused to take action for hours that day while watching the riots on television. He has promised to pardon the convicted rioters despite the deaths and destruction they caused. He calls racists “good people.”  He still claims the 2020 election was “stolen” – he lost it by 7 million votes. He calls his opponents demeaning nicknames – a tactic used by grade school bullies. He is a serial liar.  His trade policy is protectionist – he ridicules serious economists.  He has engaged frequently in unwanted sexual touching of females – as he put it in a recorded statement, he “grabs pussy.”

He has been found by a court to be guilty of sexual assault. He avoided military service; at a military cemetery he labeled those who served “suckers.”  He initially denied the existence of the recent pandemic. He rejected medical evidence in relation to the recent pandemic and demeaned medical experts. He makes fun of climate change. He embraces nonsensical conspiracy theories.

[My problems with Biden include his age, immigration, the Afghanistan exit, unconditional sympathy for trade unions, overspending, and contentions the wealthy are not paying their “fair share” of taxes. But I must admit despite my reservations about Biden, the economy is doing quite well.]

[Donald Trump] makes fun of people with disabilities. He dehumanizes immigrants – all four of my grandparents were immigrants. Those who have worked most closely with the former President are unstinting in their assessments: He has been privately labeled a “moron” by his First Secretary of State, Rex Tillerson. He has been called dangerous by his former Secretary Of Defense, Mark Esper, who will not vote for him. He has been accused of undermining our NATO alliance by his former Secretary of Defense, James Mathis. His Transportation Secretary Elaine Chao resigned in protest of his January 6th related actions and inactions.

Senate Republican leader Mitch McConnell called the January 6th mob violence a “failed insurrection.” He tried to bully his vice president to refuse to perform his vice presidential duty and certify the election results:Mike Pence, an honorable conservative, has announced he will not vote for the former President. He used to be pro-choice – he switched when he became a Republican and needed the evangelicals. He admires Putin and for good reason – both are evil and serial liars.

He could not care less about Ukraine’s heroic stand against Putin and Russia.Please join me in voting for the candidate who is a decent human being, and against the candidate who is evil.

Please forward this email to your circle of friends. I truly fear for our democracy if the evil candidate again becomes President. I think it possible, perhaps likely, that if elected in 2024, as the 2028 elections approach, despite the Constitution, he will do whatever he deems necessary to stay in power. Prominent conservatives including Paul Ryan, Mitt Romney, Liz Cheney, and Lisa Murkowski have publicly announced they will not vote for the former President. It is not clear whether they will abstain. But an abstention or a vote for a candidate who has no chance makes it easier for the evil candidate to win. Thank you for considering my views.”

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